10 Misconceptions Your Boss Shares Concerning Veterans Disability Attorneys

Veterans Disability Lawyers

If a veteran from New York has a problem with their VA disability rating, they may wish to hire an attorney. Although the law currently prohibits lawyers from charging fees for assistance with filing a first claim, they may charge for assistance in the appeal process for veterans.

A VA disability lawyer who has worked with veterans is familiar with all types hearings that are part of the appeals process for veterans. Hearings are held by the Board of Veterans' Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability attorney focuses on representing clients who suffer from disabilities as a result of military service. They will review your medical records to determine your potential eligibility for benefits. This includes an allowance per month for medical care and a compensation that is tax-free. The amount of your benefits is determined by the disability rating. Other circumstances may allow you to receive additional benefits. These benefits could include additional compensation for a specific disability or "aid-and-attendance" for your spouse in the event that you are disabled and require assistance with daily activities.

The VA is a big bureaucracy, and it can be frustrating to navigate the process, particularly when you have to decide on is a valid claim for injuries, how to appeal, or what information to include with your application. A VA-certified disability attorney to assist in the process can make it easier and more efficient. They can handle all communication with the VA, and provide legal advice throughout the entire process of your claim.

Find a veteran's disability lawyer in New York who is VA-accredited and has been practicing veterans' law for a while. Also, make sure they have a great reputation within the local community and are in good standing with their New York bar association. Additionally, if you're appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) in New York, you'll need an attorney who is legally licensed to practice before that court.

Experience

Veterans who have been injured or sickened as a result their military service could be eligible for tax free disability benefits. However the process is complex and intimidating, and it is important to consult a New Jersey veterans disability lawyer who knows the intricacies of VA law. A skilled attorney will guide you through the process, help you compile and gather all required documents and ensure that they're submitted on schedule.

A skilled veteran disability attorney can also help you understand the potential benefits of your claim. The amount of benefits you will receive depends on the severity of your illness or injury and how it impacts your daily life. You could be qualified for Special Monthly Compensation (SMC) which is a higher-rate disability paid in certain circumstances. For example when your condition restricts your mobility or requires you to receive constant assistance from others. You could also be eligible for TDIU, which is a greater amount of disability that is paid when you are unable to perform your job at a level that is reasonable due to your service-related condition.

A knowledgeable veterans disability lawyer will also assist you in determining whether you qualify for Social Security disability benefits in addition to your VA benefits. A lawyer can help you navigate the three different options available to you if the VA does not grant your claim. This includes seeking an administrative or higher-level decision review or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007, veterans disability Law firms were allowed to engage an attorney if they received a decision from VA that they weren't completely satisfied with (either the denial or less than fully favorable Rating Decision). You can now employ an experienced NYC veteran lawyer to help you claim disability benefits as soon as you receive an unsatisfactory rating decision.

A reputable disability lawyer will be able to explain your options, like a Board Appeal, Higher-Level Review or Supplemental Claim. Avoid attorneys who aren't experts in veterans disability law, or only take on one or two cases.

VA regulations allow attorneys to earn up to 20 percent of the retroactive benefit or award that they receive in exchange for you. This amount is usually directly paid to your attorney by the VA.

Your lawyer can assist you obtain documents and records from the VA or your doctor, hospitals, or even your employer. Your attorney will likely also recommend a Medical Examiner or a Vocational expert to assist you with your case. Payment for these experts isn't a part of your attorney's fees, but you must always think about whether the cost of their services is worth it. Your lawyer shouldn't make you feel obligated to pay for these experts unless an active vet with a limited income.

Appeals

A lawyer for veterans with disabilities can assist you in appealing an appeal decision made by the Department of Veterans Affairs. There are three different types of appeals: a Supplemental Claim, a Higher-Level Review or a Board Appeal. Your attorney can help you determine which appeal to choose and assist you in obtaining the evidence you need to present.

In the VA disability claims process, there are tight deadlines for filing at different stages, and even a small error could result in the denial. A Morgan & Morgan veterans' disability lawyer will take the burden off your shoulders, helping to collect medical records and paperwork, create a persuasive argument for approval, and ensure that all forms are filled out correctly.

The process of appealing a decision from the VA can be arduous and complicated. A veteran disability lawyer in New York can help you through the entire process which includes hearings in a formal setting before a Veterans Law judge. This is the final step in the appeals process. It could result in an adjustment to your disability rating, which will determine the amount of disability compensation you receive.

If you're still not satisfied with the result of your claim following hearing, you are able to appeal to the Board of Veterans Appeals in Washington, D.C. This is a more extensive appeals process and you'll have to wait for one year from the date of your Ratings Decision to request this option.